- 1 - HC-KAR NC: 2025:KHC:21111 WP No. 361 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 361 OF 2021 (LB-BMP) BETWEEN: SRI. VINOD KUMAR K P S/O LATE PILLAPPA @ PILLA ANJANAPPA AGED 38 YEARS RESIDENT OF KALKERE VILLAGE K.R.PURAM HOBLI BANGALORE-560 043 …PETITIONER (BY SRI. VIVEKANANDA T.P, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT 4TH FLOOR, VIKASA SOUDHA DR AMBEDKAR VEEDHI BANGALORE-560 001 2. STATE OF KARNATAKA DEPARTMENT OF LABOUR VIKASA SOUDHA BANGALORE-560 001 REPRESENTED BY ITS SECRETARY 3. THE BRUHAT BANGALORE MAHANAGARA PALIKE N.R.SQUARE, BANGALORE-560 002 REPRESENTED BY ITS COMMISSIONER Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21111 WP No. 361 of 2021 4. THE ASSISTANT DIRECTOR TOWN PLANNING, MAHADEVAPURA ZONE BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE 560048 …RESPONDENTS (BY SMT. SPOORTHY V, HCGP FOR R1 & R2; SRI. B.S. KARTHIKEYAN, ADVOCATE FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO QUASH THE DEMAND NOTICE SIGNED ON 30.09.2020 AT ANNEXURE-C ISSUED BY THE R-4 ONLY IN SO FAR AS THE DEMAND OF RS.31,450/- TOWARDS SCRUTINY FEE, RS.6,29,016/- TOWARDS LICENSE FEE, RS.5,83,188/- TOWARDS GROUND RENT AND GST, RS.2,51,510/- TOWARDS BETTERMENT FEE FOR BUILDING, RS.63,48,415/- TOWARDS BETTERMENT CHARGES FOR SITE, RS.2,51,510/- TOWARD SECURITY DEPOSIT, RS.4,56,000/- TOWARDS LABOUR CESS AND DEMAND OF SURCHARGE OF RS.8,04,132/- TOWARDS WATER SUPPLY SCHEME, RS.8,04,132/- TOWARDS RING ROAD, RS.4,02,066/- TOWARDS IMPROVEMENT OF SLUM AND RS.20,10,331/- TOWARDS MASS RAPID TRANSPORT SYSTEM ARE CONCERNED AND DECLARE THAT BYE-LAW NO.3.9 IN THE BANGALORE MAHANAGARA PALIKE BUILDING BYE-LAWS, 2003 AS UNCONSTITUTIONAL, ARBITRARY, ILLEGAL AND ULTRAVIRES AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:21111 WP No. 361 of 2021 CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed seeking the following reliefs: i) Issue a writ of certiorari or similar writ or order or direction to quash the demand notice No.BBMP/Addl.Com./MDP/0255/20-21 dated nil signed on 30.09.2020 at Annexure-C issued by the respondent No.4 only in so far as the demand of Rs.31,450/- towards Scrutiny fee, Rs.6,29,016/- towards License fee, Rs.5,83,188/- towards Ground Rent and GST, Rs.2,51,510/- towards Betterment fee for building, Rs.63,48,415/- towards betterment charges for site, Rs.2,51,510/- towards Security Deposit, Rs.4,56,000/- towards labour cess and demand of surcharge of Rs.8,04,132/-towards Water Supply Scheme, Rs.8,04,132/- towards Ring Road, Rs.4,02,066/-towards Improvement of Slum and Rs.20,10,331/- towards Mass Rapid Transport System are concerned; ii) Issue a writ of Mandamus or any other appropriate writ or order or direction declaring that Bye-law No.3.9 in the Bangalore Mahanagara Palike Building Bye-laws, 2003 as unconstitutional, arbitrary, illegal and ultravires; iii) Issue Writ of Certiorari quashing the Government Order issued by the 2nd Respondent bearing G.O.No.LD 300 LET' 2006 dated 18.01.2007 and the corrigendum bearing No. LD 300 LET 2006 dated 28.02.2007 directing upfront collection of labour welfare cess, as contained in ANNEXURE- D; iv) Issue a writ of certiorari or similar writ or order or direction to quash provisions of section 18-A of Karnataka Town and Country Planning Act, 1961 - 4 - HC-KAR NC: 2025:KHC:21111 WP No. 361 of 2021 brought into effect by Karnataka Act No.23 of 2004 by the 1 Respondent at Annexure-6 in so far as 18-A(i) and (iv) of Karnataka Act No.23 of 2004 is concerned. v) Grant an order, direction or writ in the nature of Certiorari quashing the Notification issued by the 1st Respondent bearing No. UDD 3 TPP 2015 dated 25.02.2020 as contained in ANNEXURE-H in so far as the amended Rule 37-A and Rule 37-C are concerned; vi) Issue writ of mandamus or similar writ or order or direction directing the respondent Nos. 3 and 4 to issue building plan and license pursuant to the demand notice No.BBMP/Addl.Com./MDP/0255/ 20-21 dated nil signed on 30.09.2020 at Annexure-C issued by the respondent No.4without insisting for payment of aforesaid demands. vii) Issue any other appropriate writ or order or direction as deemed fit in the circumstances of the case, in the interest 2. The Co-ordinate Benches of this Court, in W.P.No.23086/2022 and connected matters(herein referred to as “M/s Sapthagiri Shelters”) as well as W.P.No.36017/2018 and connected matters(herein referred to as “Sunderam Shetty”), have comprehensively adjudicated the issue involved and settled the controversy. - 5 - HC-KAR NC: 2025:KHC:21111 WP No. 361 of 2021 3. In Sunderam Shetty and connected cases, the Co- ordinate Bench declared the levies of Ground Rent, License Fee, Building License Fee, and Scrutiny Fee under the relevant bye-laws as ultra vires the Act and quashed the Government Circulars dated 04.09.2015, 27.01.2017, and 30.03.2017. and 4. Similarly, in M/s Sapthagiri Shelters and connected matters, the Co-ordinate Bench struck down the Karnataka Act No.01 of 2022 and Karnataka Act No.37 of 2024, holding that linking fees under Rule 37-A of the Karnataka Planning Authority Rules, 1965 to market/guidance value under Section 45-B of the Karnataka Stamp Act, 1957 is illegal. It further quashed all related Circulars and declared Clause 3.8 of the BBMP Building Bye-laws, 2003, pertaining to Ground Rent, as invalid. 5. The issues raised in the present writ petition are squarely covered by the above binding decisions, wherein the relevant bye-laws and government circulars have been set aside. - 6 - HC-KAR NC: 2025:KHC:21111 WP No. 361 of 2021 6. In light of the authoritative pronouncements, the present petition does not warrant separate adjudication and is liable to be allowed in terms of the operative directions issued in the aforesaid writ petitions. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned demand notice issued by respondent No.4 as per Annexure-C is hereby set-aside. (iii) Respondent - BBMP is hereby directed to issue fresh/modified plan as the case may be. (iv) Respondent - BBMP is directed to forthwith process the petitioner’s application seeking building license and sanction of the building plan, strictly in accordance with law. (v) It is made clear that the issuance of the building license and approval of the plan shall - 7 - HC-KAR NC: 2025:KHC:21111 WP No. 361 of 2021 not be withheld merely on the ground that the BBMP is contemplating to file an appeal against the reported judgment. (vi) If the building license and sanction plan are issued, the same shall be subject to the outcome of any appeal that may be filed by the BBMP against the said judgment. Pending applications, if any, are also disposed off. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE DH List No.: 2 Sl No.: 3